General terms and conditions of sale (GTC)
1. General terms and conditions of sale (GTC)
General Terms and Conditions for the offer, use and commercial processing of the website and all subdomains belonging to this domain.
These general terms and conditions of business (hereinafter referred to as "GTC") apply to all orders placed by any person (hereinafter referred to as "you" or "the Customer") via the www.highonfun.com website (hereinafter referred to as "the Site") with High on Fun GmbH (hereinafter referred to as "we" or "the Seller") in the version in effect at the time of the order.
You declare that you have read and accepted the GTC and the rights and obligations arising from it before placing your order. By placing your order, you accept the current terms and conditions.
For your orders of goods or gift cards via the website www.highonfun.com only the following terms and conditions of the company "High Fun Fun" apply.
High on Fun GmbH, Mittelstrasse 13 B, 96502 Bamberg
All our deliveries, services and offers are governed exclusively by these GTC. We object to any general or special terms and conditions that conflict with or deviate from these terms and conditions.
The Site is accessible to all users of the Internet in general 24 hours a day, 7 days a week, except for interruptions, whether scheduled or not, by High on Fun GmbH or its service providers, for maintenance and/or security purposes or in cases of force majeure. We reserve the right to change the Site for technical or commercial reasons.
High on Fun GmbH shall not be liable for any damages of any kind resulting from the unavailability of the Site.
We do not warrant that the Site will be free of defects, errors or bugs, nor do we warrant that the Site will operate without failure or interruption. High on Fun GmbH is not responsible for the content of the Site and may, in its sole discretion, determine any period during which the Site or its content is unavailable. High on Fun GmbH is also not liable for any problems with data transmission, connection or network unavailability.
Any deviating provisions of these terms and conditions only apply if they have been confirmed by us in text form. You can download the text to your computer or print it out.
We reserve the right to adjust or change these Terms and Conditions at any time and without prior notice. In this case, the adjustments or modifications will apply to all orders placed from the moment the modified terms and conditions are published on the website where you make your purchase.
2. Registration and conclusion of contract
Our information on goods and prices in each order process is non-binding and without obligation.
The goods shown in the online store are only a non-binding invitation to submit a corresponding offer to purchase. If you have placed goods in the shopping cart, you have the possibility to view and change the order data. You can then select the shipping method, read the shipping costs and confirm your agreement by clicking on the "Proceed to payment" button. You declare that you have read and accepted the terms and conditions as well as the rights and obligations arising from them before placing your order. The validation of your order is therefore considered as acceptance of the current GTC.
Once you have sent us an order, you will first receive an order confirmation containing the details of your order and a link to these terms and conditions. This order confirmation does not yet constitute acceptance of the offer. The contract is only concluded when we issue a declaration in which we accept the order and which is sent in a separate e-mail. We are not obliged to accept your offer to purchase.
We will also inform you without delay if the product is not available at the time of the order.
You have the option of registering on our website by creating a customer account and securing your order data with an appropriate password. Please ensure that this password is not passed on to third parties and that you yourself are responsible for any orders placed with this password and any resulting claims.
Registration on our Site is free of charge and you may terminate it at any time. It is possible to delete your customer account by sending an e-mail with your request to email@example.com.
The text of the contract is not saved. Before sending the order, you can print or save the contract data electronically using the browser's print function.
By registering on the website, the customer declares and warrants to High on Fun GmbH that he or she is of legal age and has legal capacity.
Unless otherwise stated in the offer, the prices indicated are final prices which include VAT. Any additional shipping and handling costs will be indicated separately during the ordering process.
We would like to point out that deliveries to countries outside the European Union may in some cases incur additional costs that are not attributable to us and that you must bear yourself. These include, but are not limited to, any fees for the transfer of funds by credit institutions or taxes such as duties and customs.
We reserve the right to change our prices at any time, but in any case, the products will be invoiced on the basis of the prices in force at the time of the order.
4. Payment, delivery
You can pay by Visa, Master Card, Maestro, Amex, Shop Pay, Apple Pay, Google Pay, PayPal, bank transfer if creditworthiness permits, iDeal as well as by Klarna. You can find the details on the website.
Payment of the purchase price is due immediately after the conclusion of the contract.
We undertake to deliver the goods you have ordered as soon as possible after receipt of your payment. The ordered products will be sent to the address you indicated during the ordering process or to the collection point of your choice (depending on the chosen carrier). We are not responsible for delays in delivery caused by the indication of an erroneous or incomplete address by your care.
Standard deliveries are made from France to the delivery address indicated when ordering. Depending on the shipping method, delivery can also be made to a packing station or parcel store. Delivery to a post office box is not possible.
For home delivery, if the recipient is absent when our carrier passes by, the package will be dropped off at a relay point near the delivery address. In this case, the customer can withdraw the parcel within 7 days on presentation of an identity document and the delivery order. After this period, the packages not collected will be returned to us. We decline any responsibility for the delays of delivery caused by the absence of the recipient of the parcel or the non withdrawal of this one within the time allowed for this purpose.
We only deliver orders whose total weight is less than or equal to 2kg. For any order that does not meet this criterion, we invite you to send a specific request to firstname.lastname@example.org. An order represents one package, if you wish to order a larger volume, you must place one or more additional orders.
From an order of a purchase value of more than 50,00 €, the delivery is carried out in France and in Belgium without expenses of delivery.
In case of non-receipt of the package, the customer can send a complaint by email to email@example.com within 4 weeks from the date of his order. After this period, the complaint cannot be treated by the Customer Service. The customer commits himself to answer the answers he receives from the customer service within 2 weeks, otherwise the complaint cannot be treated any more.
5. Legal right of withdrawal
If you are a consumer, you have a right of withdrawal (with the exception of the provisions of point 6) under the following conditions. A consumer is any natural person who concludes a legal transaction for purposes that are essentially not related to his or her commercial or independent professional activity.
Information on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract without giving any reason within 14 days. The withdrawal period is fourteen days from the date on which you or a third party other than the carrier and designated by you, took possession of the goods.
To exercise your right of withdrawal, you must send us a clear statement (e.g. e-mail or letter sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not obligatory.
In order for the withdrawal period to be observed, it is sufficient for you to send the notice of withdrawal before the expiration of the withdrawal period either to the e-mail address firstname.lastname@example.org or to High on Fun GmbH, Mittelstrasse 13B, 96052 Bamberg, Germany. Please note that we will not accept packages with products returned to this address. We will send you the return address of the products to be returned by email!
Consequences of withdrawal
In case of withdrawal from this contract within the above-mentioned period, the sum of the total price of the products will be sent to you by bank transfer according to the method of payment used during the online order and at the latest within thirty (30) days from the exercise of the right of withdrawal.
We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day you inform us of your decision to withdraw from this Agreement. The deadline is met if you return the goods before the expiry of the fourteen day period. We will inform you of the return address in a separate e-mail. The direct costs of returning the goods are to be borne by you.
The goods must be returned to us for resale in perfect condition so that they can be marketed in new condition and in their packaging, sealed and unused, otherwise no refund can be made.
Packages that do not contain any element allowing the identification of the sender (name, first name, address, order number) cannot be returned.
We advise you to keep your tracking numbers. The customs taxes which could have been claimed could not be refunded to you.
You will only be responsible for any loss of value of the goods if this loss of value is due to handling that is not necessary to verify the nature, characteristics and functioning of the goods.
Sample withdrawal form
If you wish to withdraw from the contract, please complete this form and return it.
To: High on Fun GmbH, Mittelstr. 13 B, 96052 Bamberg, Tel: ............., Fax: .............,
I/we (*) hereby revoke the contract concluded with me/us (*) concerning the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*): _______________ received on (*): ______________
Name of consumer(s): __________________________________________
Consumer(s) address, including tracking number: __________________________________________
Signature of consumer(s) (only in case of paper communication)
(*) Delete as appropriate.
6. Exclusion of the right of withdrawal
For sealed goods that cannot be returned for reasons of health protection or hygiene, there is no right of withdrawal if the seal has been removed.
7. Reservation of ownership
Until full payment of the goods you have ordered, they remain our property.
8. Warranty rights
Please note that the design of the products may be subject to change and that there may be differences from the product illustrations. Therefore, there is no warranty claim for hidden defects.
However, insofar as the goods are defective, you are entitled to the statutory warranty rights. However, we ask you to send a photo of the damaged products and/or the shipping carton by e-mail to email@example.com in advance, indicating the order number. We will then contact you immediately. For the exact details of the return procedure, please visit ............................. (link).
Insofar as the goods have defects, we will ensure that they are rectified within a reasonable period of time, i.e. that the goods are either replaced or the defects are rectified. If the subsequent performance chosen by you is only possible with disproportionate costs, we are entitled to carry out the subsequent performance in another form. We shall bear the expenses necessary for the subsequent performance. If the subsequent performance fails, you have the right to choose between cancellation of the purchase contract or reduction of the purchase price.
For damages other than those resulting from injury to life, body and health, we, as well as our legal representatives and vicarious agents, shall only be liable to the extent that such damages result from intentional or grossly negligent action or from a culpable breach of a material contractual obligation by us or our vicarious agents. An essential contractual obligation is an obligation, the fulfilment of which enables the proper execution of the contract and which you can regularly expect to observe. Any liability beyond this is excluded. Claims arising from a warranty given by us for the quality of the goods and from the Product Liability Act remain unaffected by this provision. In the event of a breach of essential contractual obligations, we are only liable for foreseeable damages typical of the contract, if these were caused by negligence, unless these are claims for damages due to injury to life, limb or health.
High on Fun is not responsible for the availability of the offer at any time on www.highonfun.com
10. Compensation Right of retention
You are only entitled to a right of set-off if your counterclaims have been established by a court of law or acknowledged by us. Furthermore, you are only entitled to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
11. Gift cards
Virtual gift cards can be purchased on the website. These can be purchased on the Internet using all the payment methods described here. The credit is non-interest bearing and is not refundable in cash. We are not responsible for lost, stolen or illegible gift cards.
High on Fun reserves the right to refuse a gift card payment on a case-by-case basis if payment is not possible due to a technical malfunction.
If gift cards are used in an order, any remaining amounts can be paid using the other payment methods mentioned.
12. Data protection, Newsletter
You can find our data protection regulations here.
The registration process for our newsletter takes place via the so-called double opt-in procedure. After sending the corresponding registration form, an automated e-mail is sent to the recipient's address. In this e-mail, the recipient is asked to confirm his subscription to the newsletter by clicking on a link. Only after this confirmation is the subscription to the mailing list activated and the recipient will receive the desired newsletter in future.
13. Applicable law and jurisdiction
The law of the Federal Republic of Germany shall apply to all contracts concluded between High on Fun and you to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Legal provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer as a consumer has his or her usual place of residence, remain unaffected.
With merchants, legal entities under public law or special funds under public law, the registered office of High on Fun (Bamberg) is agreed as the exclusive place of jurisdiction. In this case, we are also entitled to take legal action at the customer's registered office. Any exclusive jurisdiction remains unaffected by the above provision.
14. Alternative Dispute Resolution
The European Commission has made available an Alternative Dispute Resolution platform. This platform gives consumers the possibility to resolve disputes related to their online order in the first instance without going to court. The ADR platform can be accessed via the external link http://ec.europa.eu/consumers/odr
We are not required or willing to participate in a dispute resolution process before a consumer conciliation body.
15. Modifications to the present general terms and conditions of sale
We are entitled to unilaterally amend these General Terms and Conditions of Business - insofar as they have been validly incorporated into the contractual relationship - insofar as this is necessary for the adaptation to changed legal or technical terms and conditions. We will inform you in advance and in good time of the corresponding changes by informing you of the content of the amended provisions. The amendment shall become part of the contract if you do not object to its incorporation into the contractual relationship in writing or in text form within six weeks of receipt of the amendment notification.
Should individual provisions of these General Terms and Conditions of Business be or become ineffective in whole or in part, the validity of the remaining General Terms and Conditions of Business shall remain unaffected. Invalid provisions shall be replaced by legal provisions. The same shall apply if there is an unforeseen gap in the general terms and conditions of business.